TUCSON (KGUN9-TV) – It’s been almost a month since a SWAT team shot and killed former Marine Jose Guerena.  Team members say he met them with an assault rifle as they broke in to serve a search warrant.

Now 9 On Your Side has the sworn statement investigators used to get that warrant.

It outlines their claim Guerena was just part of an active mid-level drug operation.

SWAT members say when they broke open the door to Jose Guerena’s house he pointed an assault rifle at them so they fired at him—71 times.  They hit him 22 times.
       
Investigators said all along they weren’t going after Guerena, just serving a search warrant—not an arrest warrant—looking for evidence in a drug investigation that involved Guerena.

The affidavit is a detective’s sworn statement to a judge to convince that judge to issue the search warrant.
         
In it, he outlines the Sheriff’s Department opinion that Guerena, and some of his family show ample signs of dealing in drugs.
          
The detective told the judge of nine people being probed, seven had been arrested, most of them for drugs.

The family’s assertion that Guerena had no charges against him is true, but the affidavit outlines an arrest that did not lead to charges, and other contacts that raised investigators’ suspicions.

There was a Pinal County arrest in January 2009.  A DPS officer reported he stopped Guerena and two other men, found a gun and a small amount of marijuana.  The Pinal County Attorney’s Office did not press charges.

Investigators say in September 2009 Guerena was stopped in a truck that had a large roll of the plastic wrap often used to package drug loads like this one.
         
Earlier in April 2009, investigators say they tracked cars leaving a stash house to another house where Guerena was.  Agents from ICE—U.S. Immigration and Customs Enforcement say they questioned Guerena but he would not cooperate.  He remained what they called a person on interest, as they saw his car at the same house several times.
         
The affidavit outlines how cars are part of investigators’ suspicions, they say members of the Guerena family often swapped into a new car after police pulled them over, as if to cover their tracks.

Investigators also question how nine people mentioned in the affidavit, could own 32 cars among them, worth more than $344 thousand dollars. While of the nine, only four seemed to have paying jobs.

According to the documents Jose Guerena was one of the people with a real job, making $41,000 a year at the ASARCO mine.

Late Thursday a judge unsealed records of what the search found at Guerena’s house, three others, and a storage shed.
        
They mostly repeat what was listed in documents last week that investigators found weapons and body armor at Guerena’s home, though we should point out those items are not illegal.

They also outline what investigators describe as ledgers of the type used to record drug transactions.

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  From the beginning of this story before any facts were known, didn’t I say that this ‘Mexican’ (and his family) were up to no good? Why yes, yes I did. 

People poo poo’d me off because he once allegedly wore a U.S. Marine uniform and gave him a Hail Mary Pass. 

No doubt border SWAT and  Law enforcement are just as dirty, most especially if they are Mexican.